CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2456

    Amendment No.    

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11  Senator Sullivan moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 12, between lines 24 and 25,

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16  insert:

17         Section 6.  Section 240.2605, Florida Statutes, is

18  amended to read:

19         240.2605  Trust Fund for Major Gifts.--

20         (1)  There is established a Trust Fund for Major Gifts.

21  The purpose of the trust fund is to enable the Board of

22  Regents Foundation, each university, and New College to

23  provide donors with an incentive in the form of matching

24  grants for donations for the establishment of permanent

25  endowments, which must be invested, with the proceeds of the

26  investment used to support libraries and instruction and

27  research programs, as defined by procedure of the Board of

28  Regents. All funds appropriated for the challenge grants, new

29  donors, major gifts, or eminent scholars program must be

30  deposited into the trust fund and invested pursuant to s.

31  18.125 until the Board of Regents allocates the funds to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2456

    Amendment No.    





 1  universities to match private donations. Notwithstanding s.

 2  216.301 and pursuant to s. 216.351, any undisbursed balance

 3  remaining in the trust fund and interest income accruing to

 4  the portion of the trust fund which is not matched and

 5  distributed to universities must remain in the trust fund and

 6  be used to increase the total funds available for challenge

 7  grants. The Board of Regents may authorize any university to

 8  encumber the state matching portion of a challenge grant from

 9  funds available under s. 240.272.

10         (2)  The Board of Regents shall specify the process for

11  submission, documentation, and approval of requests for

12  matching funds, accountability for endowments and proceeds of

13  endowments, allocations to universities, restrictions on the

14  use of the proceeds from endowments, and criteria used in

15  determining the value of donations.

16         (3)(a)  The Board of Regents shall allocate the amount

17  appropriated to the trust fund to the Board of Regents

18  Foundation, each university, and New College based on the

19  amount of the donation and the restrictions applied to the

20  donation.

21         (b)  Donations for a specific purpose must be matched

22  in the following manner:

23         1.  The Board of Regents Foundation and each university

24  that raises at least $100,000 but no more than $999,999

25  $599,999 from a private source must receive a matching grant

26  equal to 50 percent of the private contribution.

27         2.  The Board of Regents Foundation and each university

28  that raises a contribution of at least $600,000 but no more

29  than $1 million from a private source must receive a matching

30  grant equal to 70 percent of the private contribution.

31         2.3.  The Board of Regents Foundation and each

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2456

    Amendment No.    





 1  university that raises a contribution in excess of $1 million

 2  but no more than $2,999,999 $1.5 million from a private source

 3  must receive a matching grant equal to 60 75 percent of the

 4  private contribution.

 5         4.  The Board of Regents Foundation and each university

 6  that raises a contribution in excess of $1.5 million but no

 7  more than $2 million from a private source must receive a

 8  matching grant equal to 80 percent of the private

 9  contribution.

10         3.5.  The Board of Regents Foundation and each

11  university that raises a contribution in excess of $3 $2

12  million from a private source must receive a matching grant

13  equal to 85 100 percent of the private contribution.

14         4.  The maximum amount of matching funds which may be

15  used to match a single gift in any given year is $3 million.

16  The maximum total amount of matching funds which may be used

17  to match any single gift is $15 million, to be distributed in

18  equal amounts of $3 million per year over a period of 5 years,

19  subject to the availability of funds.

20         (c)  The Board of Regents shall encumber state matching

21  funds for any pledged contributions, pro rata, based on the

22  requirements for state matching funds as specified for the

23  particular challenge grant and the amount of the private

24  donations actually received by the university or Board of

25  Regents Foundation for the respective challenge grant.

26         (4)  Matching funds may be provided for contributions

27  encumbered or pledged under the Florida Endowment Trust Fund

28  for Eminent Scholars Act prior to July 1, 1994, and for

29  donations or pledges of any amount equal to or in excess of

30  the prescribed minimums which are pledged for the purpose of

31  this section.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2456

    Amendment No.    





 1         (5)(a)  The Board of Regents Foundation, each

 2  university foundation, and New College Foundation shall

 3  establish a challenge grant account for each challenge grant

 4  as a depository for private contributions and state matching

 5  funds to be administered on behalf of the Board of Regents,

 6  the university, or New College. State matching funds must be

 7  transferred to a university foundation or New College

 8  Foundation upon notification that the university or New

 9  College has received and deposited the amount specified in

10  this section in a foundation challenge grant account.

11         (b)  The foundation serving a university and New

12  College Foundation each has the responsibility for the

13  maintenance and investment of its challenge grant account and

14  for the administration of the program on behalf of the

15  university or New College, pursuant to procedures specified by

16  the Board of Regents. Each foundation shall include in its

17  annual report to the Board of Regents information concerning

18  collection and investment of matching gifts and donations and

19  investment of the account.

20         (c)  A donation of at least $600,000 and associated

21  state matching funds may be used to designate an Eminent

22  Scholar Endowed Chair pursuant to procedures specified by the

23  Board of Regents.

24         (6)  The donations, state matching funds, or proceeds

25  from endowments established under this section may not be

26  expended for the construction, renovation, or maintenance of

27  facilities or for the support of intercollegiate athletics.

28         (7)  The Board of Regents Foundation may participate in

29  the same manner as a university foundation with regard to the

30  provisions of this section.

31         (8)  For challenge grants for which state matching

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2456

    Amendment No.    





 1  funds are requested Notwithstanding other provisions of this

 2  section, for the 1999-2000 fiscal year only, for gifts

 3  received during this period, the university presidents shall

 4  annually provide a list to the Board of Regents of donations

 5  from private donors for challenge grants, new donations, major

 6  gifts, and the eminent scholars program to be matched for the

 7  1999-2000 fiscal year to the Board of Regents. The listing

 8  shall include, but need not be limited to, contain an

 9  explanation of the donation, a statement of the specific

10  benefits accrued to the university as a result of the

11  donation, and how the donation is consistent with the mission

12  of the institution, as defined by the Board of Regents in its

13  most recent the 1998-2003 Strategic Plan. University

14  presidents shall rank each private donation to their

15  university, giving highest priority to private donations that

16  provide additional library resources to universities;

17  donations that provide student assistance through

18  scholarships, fellowships, or assistantships; donations that

19  provide funding for existing academic programs at

20  universities. The Board of Regents shall submit a report to

21  the President of the Senate, the Speaker of the House of

22  Representatives, and the Governor by January 15 of each year.

23  The report must include, but not be limited to, the annual

24  listing described in this subsection as well as information

25  regarding the expenditure of the proceeds of the endowments

26  for the previous year.; and donations that meet the matching

27  requirement without encumbering pledges. The Board of Regents,

28  using the same criteria, shall develop a systemwide priority

29  list and may set restrictions on the annual amount of matching

30  funds provided for single donations that exceed $5 million.

31         Section 7.  Present subsections (7) through (11) of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2456

    Amendment No.    





 1  section 240.2601, Florida Statutes, are redesignated as

 2  subsections (8) through (11), respectively, and a new

 3  subsection (7) is added to that section to read:

 4         240.2601  State University System Facility Enhancement

 5  Challenge Grant Program.--

 6         (7)  For challenge grants for which state matching is

 7  being requested, university presidents shall provide to the

 8  Board of Regents a list of donations received from private

 9  donors for the State University System Facility Enhancement

10  Challenge Grant Program. This listing shall contain an

11  explanation of the donation, a statement of the specific

12  benefits accrued to the university as a result of the

13  donation, and the projected cost to the state for the

14  operation and maintenance of the facility. The Board of

15  Regents shall review and rank each private donation, giving

16  highest priority to private donations that provide the

17  financial resources for major renovations to existing

18  facilities, particularly instructional facilities, and new

19  space requirements as identified by the space utilization

20  model. The listing shall be submitted by August 1 of each

21  year.

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23  (Redesignate subsequent sections.)

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26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 2, line 1, after the semicolon,

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30  insert:

31         amending s. 240.2605, F.S.; rescinding a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2456

    Amendment No.    





 1         provision that allows the Board of Regents to

 2         authorize a university to encumber the state

 3         matching portion of a challenge grant from

 4         funds available under s. 240.272, F.S.;

 5         revising provisions that prescribe the manner

 6         in which donations from the trust fund must be

 7         matched; providing the maximum yearly amount

 8         and the maximum total amount of matching funds

 9         which may be used to match a single gift;

10         repealing an obsolete provision; amending s.

11         240.2601, F.S.; requiring a report to the Board

12         of Regents and a priority list;

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